Maryland Commission on Human Relations v. Greenbelt Homes, Inc.
Maryland Court of Appeals
475 A.2d 1192 (1984)
- Written by Mary Phelan D'Isa, JD
Facts
Greenbelt Homes, Inc. (Greenbelt) (plaintiff), a Maryland corporation, operated the Greenbelt Housing Project. In 1976 Raymond and Marguerite Burgess applied for Greenbelt membership and disclosed that their daughter, Lynn Kuhr, and her son were going to reside in the unit. The Greenbelt board of directors approved the Burgesses’ request. The mutual-ownership contract noted that unit occupancy was only for cooperative members and their immediate families. Greenbelt could terminate the contract for any violations. Kuhr and her son moved into the Burgesses’ unit, and sometime later, Richard Searight, an unrelated adult male, also moved into the unit. Neither Kuhr nor the Burgesses sought a waiver of the family-members-only occupancy limitation. When Greenbelt learned of Searight’s presence in the unit, it advised Kuhr and the Burgesses that they were in violation of the occupancy rule and urged them to comply. Four months later, when the matter was still not resolved, Greenbelt notified the Burgesses of a board meeting at which they could explain why their contract should not be terminated. Before that meeting, Kuhr notified Greenbelt that Searight would be vacating the unit, and he did—against his and Kuhr’s will. But before Searight vacated the unit, Kuhr filed a housing-discrimination complaint with the Maryland Commission on Human Relations (MCHR) (defendant) and alleged that Greenbelt discriminated against her based on her marital status in violation of a state antidiscrimination law. A hearing officer determined that there had been a breach of the ownership contract and dismissed the action. MCHR’s counsel appealed, and an appeal board reversed and ordered Greenbelt to stop discriminating against Kuhr. MCHR declined a request to vacate its decision, and Greenbelt filed suit. The trial court granted Greenbelt’s motion for summary judgment after concluding that the state antidiscrimination law had not been violated. MCHR appealed, and before the Maryland Court of Special Appeals could rule, the Maryland Court of Appeals granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Cole, J.)
Dissent (Davidson, J.)
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